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A Garden leave describes the situation where an employee is given notice of dismissal of his/her employment but is not required to work during the notice period but receives her/his normal pay for the period of notice.
Whilst on garden leave, an employee must observe the implied duty of fidelity in his employment contract as well as any express restrictions in the contract on competing or doing a second job whilst an employee. In practice, he will probably not be allowed to work for himself or anyone else whilst on garden leave. You will be relieved to hear that gardening leave is exactly the same as garden leave. Employment lawyers still call it âgarden leaveâ but many people (including some at the BBC) prefer âgardening leaveâ. However, as an employment lawyer, I am going to stick with âgarden leaveâ.